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Current as of December 31, 2021 | Updated by FindLaw Staff
(a) This section sets forth the exclusive procedure by which a party in a civil case may challenge a jury on the ground that the jury was not summoned or otherwise selected in compliance with this title.
(b)(1) Before examination begins in a civil case or, for good cause shown, after a jury is sworn but before it receives evidence, a party may move to stay the case on the ground of substantial failure to comply with a provision of this title in selecting the trial jury.
(2) A motion under this section shall contain a sworn statement of facts that, if true, would constitute a substantial failure to comply with this title.
(c) On a showing that a party needs access to a record to prepare for a hearing on a motion pending under this section, a trial judge may allow the party to inspect and copy the record as needed to prepare.
(d) A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:
(1) The testimony of the jury commissioner; and
(2) Relevant records, whether or not public, that the jury commissioner used.
(e)(1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a trial jury, the trial judge shall stay the case pending selection of a trial jury in compliance with this title.
(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a trial jury and the failure is likely to be prejudicial to the movant, the trial judge shall stay the proceeding pending selection of a trial jury in compliance with this title.
Cite this article: FindLaw.com - Maryland Code, Courts and Judicial Proceedings § 8-408 - last updated December 31, 2021 | https://codes.findlaw.com/md/courts-and-judicial-proceedings/md-code-cts-and-jud-pro-sect-8-408/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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